These simple rules are supposed to guide you on how to approach problem based questions in law.
They usually set down facts. The questions that follow the problem may require you to discuss the problem, or to consider the liability of person/s named in the problem and/or to advise the person/s accordingly of his/her rights, obligations and remedies.
The questions test your knowledge of the law and your application of the law to the facts with the aim of resolving issues that you have identified in these facts.
The general approach is to:-
- identify the issue/s from a careful study of the facts;
- set down clearly the relevant laws, which may be statutory law or case-law and look at the exceptions, if any, to the general rule; - apply the law to the facts and issues;
- arrive at a conclusion or if required, provide your concluding advise.
1. Read the facts carefully. Read it over again. Make sure that you have clearly understood the facts. 2. Identify the issues that require your attention. Narrow down these issues to the particular area of the law that the examiner wants you to address and resolve. Avoid putting the issues too broadly. Formulate questions concerning these issues.
a. Was there a valid proposal made by Ali (proposer/offeror) to May (acceptor/offeree)? b. Is it a proposal or is it merely an invitation to treat? – See if ITT is relevant here as an issue. If it is not, then skip this part. c. Has there been a valid acceptance of this proposal by May? d. When was this acceptance complete ?
e.Was the revocation of the proposal made by Ali valid?
f. If May has attempted to revoke her acceptance, then, has there been a valid revocation of her acceptance? g. Is there a valid contract between the parties
3. State and explain the law that is relevant to the above issues. The law that you rely on is the source of your authority...